Today marks the end of what is surely one of the worst terms in #SCOTUS history. Guns and prayer and abortion got most of the attention. But that's not all the Court did. Here are just some of the Court's bad decisions:
Rivas-Villegas -- SCOTUS reversed the lower court to give a cop qualified immunity for using excessive force
Tahlequah v. Bond -- SCOTUS reversed the lower court to give a cop qualified immunity for killing a man
Shoop v. Twyford -- SCOTUS made it harder to get habeas relief
Brown v. Davenport -- SCOTUS made it harder to get habeas relief
Shinn v. Ramirez -- SCOTUS made it harder to get habeas relief
Zubaydah -- SCOTUS allowed the Govt to withhold information about torture on CIA black sites
Vaello-Madero -- SCOTUS denied SS benefits to residents of Puerto Rico
Cummings -- SCOTUS disallowed recovery for emotional-distress damages in civil rights lawsuits
Patel -- SCOTUS stripped federal courts of jurisdiction to review fact issues in immigration proceedings
Biden v. Missouri -- SCOTUS blocked a federal vaccine mandate
Garland v. Gonzalez -- SCOTUS denied long-detained immigrants' access to a bond hearing
Johnson v. Arteaga-Martinez -- SCOTUS denied long-detained immigrants' access to a bond hearing
FEC v. Ted Cruz -- SCOTUS struck down campaign finance restrictions to enable Ted Cruz to pay himself back for loans he made to his own campaign
Egbert v. Boule -- SCOTUS further limited a person's ability to sue federal officers (Bivens actions)
Vega v. Tekah -- SCOTUS weakened enforcement of Miranda rights
Carson v. Makin -- SCOTUS undermined the Establishment Clause, forcing states to fund private religious schools
Kennedy v. Bremerton Sch. Dist. -- SCOTUS undermined the Establishment Clause, allowing football coach to have public/publicized Christian prayers at football games
Denezpi -- SCOTUS recognized tribal sovereignty just enough to allow an Indian defendant to be prosecuted twice for the same crime (no double jeopardy), then...
Castro-Huerta -- SCOTUS undermined tribal sovereignty by making tribal land "part of state" and allowing state to exercise jurisdiction on tribal land
Bruen -- SCOTUS struck down NY's 100yo restriction on concealed carry to expand 2A and limit gun restrictions
U.S. v. Texas -- SCOTUS allowed Texas's "bounty hunter" antiabortion law to go into effect
Dobbs -- SCOTUS overruled Roe & Casey, eliminating the federal right to abortion and enabling severe (life-threatening) restrictions on abortion to go into effect
West Virginia v. EPA -- SCOTUS undermined the EPA's ability to regulate emissions and fight global warming
And it must be noted that this isn't everything. SCOTUS also did things on the shadow docket -- like allow Louisiana's racial gerrymander to stay in effect for the 2022 election, etc.

Just a terrible, terrible, terrible term.
Going to go ahead and add onto this thread that there were a handful of positive decisions. They were mostly minor -- but (thankfully) there were a couple big wins.
Hemphill -- SCOTUS strengthened the 6A right to confront witnesses
Thompson v. Clark -- SCOTUS made it slightly easier to pursue a claim for malicious prosecution
Ramirez v. Collier -- SCOTUS protected the religious rights of a death-row inmate
Taylor -- SCOTUS declined to enhance the punishment for certain crimes
Concepcion -- SCOTUS gave district courts more discretion to reduce criminal sentences
Ysleta del Sur Pueblo -- SCOTUS prevented Texas from trying to regulate gaming on tribal land
Morgan v. Sundance -- SCOTUS prevented courts from making up procedural rules that favor arbitration
Golan v. Saada -- SCOTUS gave district courts more discretion to resolve international child-custody disputes
Saxon -- SCOTUS ruled in favor of certain workers trying to avoid arbitration
Kemp -- SCOTUS broadened a procedural mechanism for challenging erroneous judgments
Nance v. Ward -- SCOTUS recognized a procedural mechanism for challenging method of execution
Biden v. Texas -- SCOTUS ruled that the Biden Admin could rescind the Trump Admin's "remain in Mexico" asylum policy
Torres -- SCOTUS allowed veterans to sue state-agency employers (denied the state's sovereign immunity)

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More from @5thCircAppeals

Sep 2, 2021
Lots of people responding to my tweets about the TX abortion law, and particularly my tweets about standing, saying "Yeah but TX applies same standard as Art III so how can plaintiffs have standing under TransUnion?" So here's my thread on standing in TX:
1. Yes, TX courts have incorporated Art III standing doctrine from fed courts and have basically the same requirements for standing; there's a good argument that the logic of TransUnion applies in TX courts, and the TX abortion law cannot create standing for random plaintiffs.
2. BUT it never made sense to incorporate Art III standing doctrine in the first place. Unlike fed courts, which have limited jurisdiction (and are presumed to NOT have jurisdiction unless established), TX dist courts have "general jurisdiction."
Read 9 tweets
Sep 1, 2021
I read 171.207 of the TX statute as another attempt to innoculate against constitutional objections; 207 says the law cannot be enforced by any government actor -- only by private citizens in civil suit. Presumably, the idea is: no govt enforcement = no constitutional protection.
Also, 171.208 creates civil action against "any person" without limiting it to persons in TX -- so a friend/relative who lives in NY, who sends $ to help person in TX, can be sued in TX (assuming TX court will find sufficient "contacts" for personal jurisdiction).
208 also creates "strict liability" for anyone aiding or abetting an abortion -- intent is not required and ignorance of the law is no excuse. Only affirmative proof of "reasonable belief" that Dr performing abortion would comply with the TX law is defense.
Read 10 tweets
Oct 28, 2020
I think NG & ACB are qualified for SCOTUS and in different circumstances I would've had no problem with their confirmations. (Presidents get to appoint judges.) 1/
My problem with NG's confirmation was the blockade of Garland. It had nothing to do with NG personally and everything to do with what the GOP had done to steal that seat from Obama. I might disagree with him, but I have nothing against NG. 2/
My problem with ACB's confirmation was the GOP's rank hypocrisy after Garland -- and the fact that she was nominated by an *impeached* president and confirmed *during* the election. Again, my opposition had nothing to do with ACB personally and everything to do with the GOP. 3/
Read 5 tweets
Feb 28, 2019
I got hired a few weeks ago to handle a really crazy appellate-procedure problem, and now that our motion has been filed (it's public) I gotta thread it out here for #AppellateTwitter. Here's what happened: 1/
Client lost ton of money. Client and Co-Plaintiff file suit; Defendants file counterclaims. Four-week trial. Client loses on claims and counterclaims but Co-Plaintiff wins on everything except amount desired in attorney fees. 2/
Client and Co-Plaintiff file separate NOAs because interests are different; Client appealing entire judgment, Co-Plaintiff appealing only amount of fees awarded. Co-Plaintiff requests partial reporter's record (RR) but Client discovers complete RR will cost $20k. 3/
Read 16 tweets
Sep 12, 2017
Imagine you live in rural Texas. Tiny town, 4 hours from everywhere. And you want to get married. (Congrats!) 1/
Now imagine that your tiny town has 1 bakery. The tiny town can't support more than 1. The nearest competitor is 4 hrs away. 2/
Now imagine that everyone is old-school religious, including the baker. Including you! And it's tiny town, so everyone knows each other. 3/
Read 30 tweets

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